Seaton & Husk, LP is a transportation law firm specializing in regulatory compliance, cargo claims, freight charge collection, commercial litigation and related bankruptcy matters. Using a network of attorneys specializing in transportation law, Seaton & Husk manages and oversees litigation throughout the continental United States and Canada for its clients.

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Monday, April 26, 2010

Yesterday, Senator Sherrod Brown (D-OH) introduced S3254 and Representative Lynn Woolsey (D-CA) introduced HR5107 which aim to crack down on the use of independent contractors. The legislation text for Brown's bill is not yet available online but Woolsey's legislation is available here. A press release from Brown's office is available here as well.

Tuesday, April 13, 2010

April 12, 2010 - CSA 2010 Data Preview Now Available for Motor Carriers!

FMCSA is pleased to announce the Comprehensive Safety Analysis (CSA) 2010 Data Preview, which will allow individual motor carriers to review their safety performance data by the CSA 2010 Behavior Analysis and Safety Improvement Categories (BASICs). The Data Preview begins on April 12, 2010 and ends on November 30, 2010, the national launch date for the CSA 2010 safety enforcement program.

During the data preview period, motor carriers are encouraged to closely examine their performance data and immediately address any safety problems. This is also an opportunity for motor carriers to update and verify their safety performance data online.

This important step is designed to focus motor carriers on identifying and addressing unsafe behaviors that can lead to crash risk. It also underscores FMCSA’s commitment to data integrity and the motor carrier industry’s responsibility for ensuring commercial vehicle safety.

Complete details on the Data Preview and the CSA 2010 implementation schedule are published in the Federal Register. The CSA 2010 implementation schedule supports the critical importance of incorporating the findings from over 30 months of operational model testing in nine CSA 2010 pilot states.

Full implementation of Comprehensive Safety Analysis 2010 will be delayed to 2011, the American Trucking Associations said Thursday, April 1. The Federal Motor Carrier Safety Administration’s original plan was to begin implementing the program in July 2010 and to have all states fully functional by December of this year. ATA says it now appears that although certain phases of CSA 2010 will begin this fall, full implementation will not be completed until spring 2011 or perhaps summer 2011.

FMCSA spokesperson Candice Tolliver says that as part of the agency’s commitment to launch a comprehensive and effective CSA 2010 program, FMCSA is in the process of incorporating the feedback received from partners and stakeholders in the CSA 2010 pilot states. Tolliver says FMCSA expects to issue a Federal Register notice in the coming weeks that will address the CSA 2010 implementation timeline and data preview for commercial motor carriers.

ATA says that as announced on its free member webinar on CSA 2010 earlier this week, FMCSA plans to provide motor carriers with a limited preview of their CSA 2010 data beginning on April 12. ATA says it will provide members with instructions on how to access their data as soon as these details become available; while this preview will include carriers’ safety events (roadside inspections and crashes) and resulting violations, it will not reflect carriers’ scores in each of the Behavioral Analysis and Safety Improvement Categories (BASICs).

FMCSA also announced that beginning Nov. 30, motor carriers and the general public will be able to view more complete CSA 2010 Carrier Safety Measurement System (CSMS) data, including scores in each of the BASICs, according to ATA; however, as previously indicated, the public will not be able to view the Crash Indicator scores because of concerns about the quality of the underlying crash data.

ATA also says that FMCSA on Nov. 30 will begin issuing warning letters to deficient carriers, but will not utilize the full range of CSA 2010 interventions; instead, FMCSA will use the CSMS (instead of Safestat) to prioritize motor carriers for standard onsite compliance reviews.

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About Us

Seaton & Husk, LP is a transportation law firm specializing in regulatory compliance, cargo claims, freight charge collection, commercial litigation and related bankruptcy matters. Using a network of attorneys specializing in transportation law, Seaton & Husk manages and oversees litigation throughout the continental United States and Canada for its clients.

Jeffrey E. Cox, Esq., admitted to Virginia Bar (2009); 2010 District of Columbia; 2010 Maryland. Education: American University, Washington, D.C. (B.A. Political Science and History 2003); George Mason University School of Law (J.D. 2008).

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Disclaimer

Disclaimer: The purpose of this material is to provide basic information about transportation law only, and this material does not constitute legal advice. The information in the material does not replace actual legal advice of an attorney. You should consult an attorney for legal advice if you have transportation law problems or questions.